10-16-1997 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • operations; and (iii) a specified term of years for which the exemption shall be granted. If the Board of Adjustment does not authorize an exemption from the extended useful life and termination requirements of Section 106-266, it shall after considering applicable law, information presented at the hearing and other factors deemed relevant by it, establish an extended useful life period for the non- conforming use in accordance with Section 106-266. 3) A eal. Any person aggrieved by the decision of the Board of Adjustment or a taxpayer or an officer, department, board or bureau of the City, may appeal the decision in accordance with Section 211.011 of the Texas Local Government Code. Unless properly appealed within 10 days of the date the decision is filed in the Board of Adjustment's office, the decision of the Board of Adjustment is final and incontestable. Section 106-266 Extended Useful Life and Termination 1) Extended Useful Life of Specific Non-conforming Uses. Non-conforming uses shall be terminated at the end of an extended useful life period established by the Board of Adjustment in accordance with this Section. The extended useful life period to be established shall not be less than 5 years, nor more than 20 years from the effective date of the Order of the Board of Adjustment, unless the Board determines on the basis of expert appraisal testimony that a greater extended useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the Board- of Adjustment establishing the extended useful life period. The Board of Adjustment, shall hold a public hearing, as required by Subsection (2) below, to establish an extended useful life period or to consider an application by the non-conforming user for exemp#ion from the extended useful life and termination requirements set forth in this Section 106-266. If the Board of Adjustment grants an exemption, the use shall be .known as an "exempted non-conforming use." If the Board of Adjustment does not grant an exemption, it shall establish an extended useful life period subsequent to the hearing procedure established in Subsection (2). If an application for exemption from extended useful life is not submitted, the Board of Adjustment shall establish an extended useful life period pursuant to Subsection (3). 2) Public Hearing. a) The Board of Adjustment shall hold a public hearing to establish an extended useful life for each non-conforming use subject to notification pursuant to 0:\CLP\Ordinances\Non-Conforming Uses 7 Working Copy -11/17/97